1. Field of the Invention
This invention relates to tobacco substitute products. More specifically, this invention relates to products that comprise a tobacco substitute and are intended for personal use for smoking, chewing, or for use as snuff. In particular, this invention relates to nontobacco compositions that are intended for personal use as moist snuff.
2. Description of the Prior Art
Tobacco can be used and/or consumed in a variety of products and methods. Most commonly, tobacco is smoked, chewed, or used as snuff.
Smokeless tobacco products are tobacco-based products that are held in the mouth for an extended period of time and either chewed or used as snuff (“dipped”). Chewing tobacco, which is popularly called chew or chaw, is available as coherent plugs. On the other hand, snuff is not chewed. Snuff is available in two forms—dry for sniffing, and moist (or wet) for holding between the lips and gums. The practice of using moist snuff is popularly called dipping.
Unfortunately, the nicotine in tobacco is a substance to which people may become addicted. In addition, diseases, such as cancer of the mouth, may be caused by chewing or holding tobacco in the mouth. Thus, increasing attention by the medical profession and the public has been directed against chewing tobacco and moist snuff.
In light of the foregoing, there is a need for nontobacco products intended for personal use as chew or snuff. Such smokeless nontobacco products may be offered as a more healthy alternative to smokeless tobacco products, especially for those who currently use smokeless tobacco products. Smokeless nontobacco products could be developed without addictive nicotine.
As used herein, whether in reference to tobacco products or nontobacco products, the terms “wet snuff” and “moist snuff” refer to smokeless products that are held in the mouth between the lips and gums, and that are not chewed. Moist snuff is distinct from smokeless tobacco products that are chewed or inhaled because smokeless tobacco products that are chewed will have organoleptic qualities that are clearly distinguishable from the organoleptic qualities of moist snuff. For example, chewing tobacco will have an herbal component with ingredients of larger size compared to moist snuff so that portions of the chewing tobacco are not inadvertently swallowed while being chewed. Moreover, chewing tobacco will have specifically selected ingredients that result in the chewing tobacco forming a highly coherent cud in the mouth compared to snuff, again, so that that portions of the chewing tobacco are not inadvertently swallowed while being chewed. On the other hand, since moist snuff is held between the lips and gums, instead of being chewed, a moist snuff composition will be produced with fine or pulverized ingredients instead of large sized ingredients. A moist snuff composition will also have ingredients that form a softer, more flexible cud.
For a moist snuff composition, whether tobacco-based or nontobacco, the key organoleptic characteristics are texture, mouth feel or body, appearance, smell, and taste. For many reasons, it is necessary that nontobacco moist snuff compositions, which are intended as alternatives to tobacco-based moist snuff compositions, possess organoleptic qualities that are similar to the organoleptic qualities of tobacco-based moist snuff compositions. In particular, any alternative nontobacco moist snuff composition must match as nearly as possible the light texture, smooth mouth feel, uniform appearance, inviting smell, and spicy taste of a comparative tobacco-based moist snuff composition. One reason that nontobacco moist snuff compositions should match the organoleptic qualities of tobacco-based moist snuff compositions is to encourage use thereof by current users of tobacco-based moist snuff, since current tobacco-based moist snuff users are likely to be the primary users for nontobacco moist snuff compositions. However, the organoleptic qualities of tobacco-based moist snuff compositions, are difficult to produce in a nontobacco moist snuff compositions.
Moist snuff is produced from two components—an herbal component and a casing component. The herbal component is a mixture of cut, shredded, and/or pulverized plants (e.g., tobacco leaves). The herbal component mixture is developed to optimize the key organoleptic characteristics of the moist snuff, namely texture, mouth feel or body, appearance, smell, and taste. The herbal component is made moist by the addition of the casing component, which, along with water, principally comprises several selected flavoring agents, as well as preservatives to maintain flavor and inhibit spoilage. The casing component also enhances the overall organoleptic qualities of the moist snuff and, in particular, enhances texture, appearance, smell, and taste. In fact, the casing component will have a measurable effect on the overall texture, appearance, smell, and taste of the moist snuff. Nonetheless, the casing component cannot overcome many undesirable organoleptic qualities that may be present in the herbal component. For example, the casing component cannot obscure the presence of seeds and jagged stalks, which adversely effect texture, mouth feel, and appearance. Furthermore, the casing component cannot completely cover bitter, inappropriate, or otherwise objectionable smells and tastes, which may be present especially, for example, if the herbal component contained mint, dandelion, alfalfa, or chicorium leaves. Thus, to obtain superior overall organoleptic qualities in a moist snuff composition, it is critical that the herbal component thereof have superior organoleptic qualities.
Nontobacco or “herbal” compositions intended for personal use as moist snuff have been developed and described in U.S. Pat. No. 4,696,315 (“the '315 patent”) and U.S. Pat. No. 4,817,640 (“the '640 patent”) that both issued to Summers. In addition, the importance of matching the organoleptic qualities of nontobacco moist snuff compositions to the organoleptic qualities of tobacco-based compositions is recognized by several published U.S. patents, including the '640 patent and two other U.S. patents that issued to Summers, U.S. Pat. No. 4,887,620 (“the '620 patent”), and U.S. Pat. No. 5,417,229 (“the '229 patent”).
As opposed to the herbal chewing compositions described in the '315 and '640 patents, the herbal moist snuff compositions described in the '315 and '640 patents include red clover as the major ingredient in the herbal component thereof. Specifically, as described in Example II of the '640 patent, red clover is, in fact, the only ingredient of the herbal component. It is noteworthy that red clover blossom is considered so essential for an herbal moist snuff composition that the exemplary herbal snuff compositions of the '315 and '640 patents do not contain any other herbal ingredient besides red clover blossoms. However, as discussed in more detail below, nontobacco moist snuff compositions that consist of red clover fail to achieve desirable tobacco-like organoleptic qualities, which is the most important requirement for an effective and commercially successful nontobacco moist snuff composition.
Besides red clover, many other potential ingredients for the herbal component of the herbal moist snuff are briefly mentioned in the '640 and '229 patents, such as dandelion, papaya, dock, sorrel, sunflower, calendula, nasturtium, mallow, chicory, corn silk. However, especially since corn silk has been heretofore almost exclusively recognized in the prior art as a medicinal herb, the '640 and '229 do not appreciate that the beneficial physical characteristics other herbs besides red clover can achieve superior organoleptic qualities in a nontobacco moist snuff composition. Accordingly, nontobacco moist snuff compositions with alternative ingredients, other than red clover, are not described in the '640 and '229 patents with any amount of detail. In fact, as stated above, the disclosures of the '640 and '229 patents regarding moist snuff compositions are directed to the use of red clover exclusive of any other potential ingredient.
Nontobacco moist snuff compositions that consist of red clover blossom fail to imitate the organoleptic qualities of tobacco-based moist snuff compositions. First, red clover blossom must be picked by hand. Any seed and stalks attached to the picked red clover blossom must be carefully separated. Yet, especially due to the small size of the blossoms, stalks, and seeds, it is inevitable that the mixture of pulverized red clover blossom will include an amount of stalks and seeds. The lack of a uniform mixture of red clover has several adverse effects, especially to texture, mouth feel, and appearance. Specifically, the stalks and seeds are harder, drier, sharper, and lighter in color compared to the pulverized blossoms. Also, the stalks and seeds do not adequately absorb the coloring ingredients in the casing component, which further accentuates the non-uniform appearance of the mixture. Furthermore, regardless of the uniformity of the mixture, red clover presents its own vegetal flavor, which will undesirably and inappropriately taint an herbal moist snuff composition attempting to imitate a tobacco-based moist snuff composition.
In light of the foregoing, there is an ongoing need for a new nontobacco ingredient suitable for use as an ingredient in the herbal component of an herbal moist snuff composition. Unlike red clover, the new ingredient would provide the herbal moist snuff composition with superior organoleptic qualities that are favorably comparable to the organoleptic qualities of tobacco-based moist snuff compositions. Specifically, there is a need for a new nontobacco ingredient that has a light texture, smooth mouth feel, uniform appearance, and a smell and taste that is nonexistent or easily disguisable. When such a new nontobacco ingredient is combined with a suitable casing component, the resulting nontobacco moist snuff composition has a light, elastic, and moist texture, a soft and smooth mouth feel, a uniform color and particle size, and a long lasting and tobacco-like smell and taste with a characteristic tobacco-like “bite.”